
The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.
This work investigates the fundamental nature of the state and the constitutional mechanisms that define its existence and authority. N. W. Barber, a scholar of constitutional law, constructs an analytical framework that treats the state as a social group defined by the interplay between territory, institutions, and the populace. By examining the normative claims states exert over their citizens, the author provides a rigorous account of how constitutional rules facilitate state action, intention, and intergenerational responsibility.
What You Will Find
Scope Limits
Legal scholars and political theorists frequently cite this text for its precise conceptual clarity regarding the nature of statehood. Experts highlight the work as a significant contribution to contemporary constitutional theory, noting its dense and rigorous argumentative style.
Page Count:
216
Publication Date:
2012-01-01
Publisher:
OUP Oxford
ISBN-10:
0191637254
ISBN-13:
9780191637254
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